California Attorney General Rob Bonta has announced a settlement with Amazon.com, Inc. The agreement resolves allegations under Proposition 65 and the Unfair Competition Law concerning Amazon's role in selling skin-lightening creams containing high levels of mercury in California. This settlement, pending court approval, requires Amazon to pay nearly $600,000 in civil penalties, attorneys' fees, and costs to the Attorney General. Additionally, Amazon will adhere to measures designed to prevent the sale of creams with excessive mercury through its website in California.
The resolution also addresses claims from two Proposition 65 private enforcers: Larry Lee and As You Sow, an environmental non-profit organization. These entities had previously identified that Amazon facilitated the sale of mercury-laden face creams in California and pursued litigation against the company.
Attorney General Bonta stated, "At the California Department of Justice, we are unwavering in our commitment to upholding laws that protect the safety and well-being of Californians. Today’s settlement reflects that commitment, and we will continue to hold accountable those who violate our state environmental and consumer laws."
Mercury is recognized as a potent neurotoxin affecting the nervous system. Prenatal exposure can disrupt normal development in fetuses and young children. Mercury exposure can result in irritability, muscle coordination issues, memory loss, brain damage, and even death. It can be absorbed through the skin or transferred from a consumer's hand to shared surfaces.
The investigation by the Attorney General revealed several face creams sold on Amazon containing mercury levels ranging from 121 to 16,000 parts per million—far exceeding the U.S. Food and Drug Administration's limit of 1 part per million. These products required warnings under Proposition 65 due to their mercury content; however, Amazon did not provide such warnings for items sold on its platform.
Following this investigation, Bonta requested that Amazon stop facilitating sales of these hazardous face creams. Although not a manufacturer of these products, Amazon agreed to implement a "suppression rule" to prevent their availability on its site.
Under the proposed consent judgment terms—pending court approval—Amazon will pay $218,560 in civil penalties according to Proposition 65 and the Unfair Competition Law. Additionally, they will reimburse $278,942 for some legal fees and costs incurred by the Attorney General’s Office along with $65,000 earmarked for future monitoring expenses. Furthermore, Amazon must make additional payments resolving claims from private enforcers.
Injunctive provisions within this settlement include continuing implementation of their suppression rule while ensuring its effectiveness via ongoing adjustments; retaining an independent product consultant experienced with these types of skin-lightening products; as well as creating an approved list excluding brands using mercury ingredients.
A copy detailing both complaint filings alongside proposed consent judgments remains available online pending necessary judicial endorsements before finalization proceeds further.
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